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2-26-11
Section 2-26-11 Prohibited acts. (a) It shall be unlawful for any person to sell, offer for
sale, expose for sale or distribute within this state: (1) Any agricultural or vegetable seed
unless the test to determine the percentage of germination required by Section 2-26-7 shall
have been completed within a nine-month period, exclusive of the calendar month in which the
test was completed, immediately prior to sale or offering for sale, transportation or distribution;
provided, however, that the State Board of Agriculture and Industries shall have authority
under rules and regulations adopted under this article to prescribe a shorter required test
period when deemed necessary to meet seasonal conditions with respect to certain seed; provided
further, that the State Board of Agriculture and Industries shall also have authority pursuant
to rules and regulations to prescribe a longer period of time for the test required to determine
the percentage of germination for agricultural and...
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36-25-27
Section 36-25-27 Penalties; enforcement; jurisdiction, venue, judicial review; limitations
period. (a)(1) Except as otherwise provided, any person subject to this chapter who intentionally
violates any provision of this chapter other than those for which a separate penalty is provided
for in this section shall, upon conviction, be guilty of a Class B felony. (2) Any person
subject to this chapter who violates any provision of this chapter other than those for which
a separate penalty is provided for in this section shall, upon conviction, be guilty of a
Class A misdemeanor. (3) Any person subject to this chapter who knowingly violates any disclosure
requirement of this chapter shall, upon conviction, be guilty of a Class A misdemeanor. (4)
Any person who knowingly makes or transmits a false report or complaint pursuant to this chapter
shall, upon conviction, be guilty of a Class A misdemeanor and shall be liable for the actual
legal expenses incurred by the respondent against whom the...
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41-5A-6
Section 41-5A-6 Chief examiner - Recovery audits for overpayments of state funds. (a) For the
purposes of this section, the following words have the following meanings: (1) CHIEF EXAMINER.
The Chief Examiner of Public Accounts. (2) OVERPAYMENT. Any payment in excess of amounts due
and includes failure to meet eligibility requirements, failure to identify third party liability
where applicable, any payment for an ineligible good or service, any payment for a good or
service not received, duplicate payments, invoice and pricing errors, failure to apply discounts,
rebates, or other allowances, failure to comply with contracts or purchasing agreements, or
both, failure to provide adequate documentation or necessary signatures, or both, on documents,
or any other inadvertent error resulting in overpayment. (3) RECOVERY AUDIT. A financial management
technique used to identify overpayments made by a state agency with respect to individuals,
vendors, service providers, and other entities in...
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41-9-542
Section 41-9-542 Composition. (a) The authority shall be composed of the following members
or their designees: (1) The Director of the Alabama Department of Archives and History. (2)
The Director of the Division of Construction Management of the Department of Finance. (3)
The Director of Finance of the State of Alabama. (4) The Executive Director of the Alabama
Historical Commission. (5) The senior collections curator of the Alabama Department of Archives
and History. (6) The chief architectural historian of the Alabama Historical Commission. (7)
The President of the Alabama Trust for Historic Preservation. (8) The President of the Friends
of the Alabama Governor's Mansion. (9) The President of the Business Council of Alabama. (10)
The Chairman of the Black Heritage Council. (11) The Executive Director of the Landmarks Foundation
of Montgomery. (12) A history teacher to be appointed by the State Superintendent of Education,
having demonstrated proficiency and interest in preservation...
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45-11-140
Section 45-11-140 Forest fire protection. (a) The County Commission of Chilton County is authorized,
when the need exists, to provide protection against forest fires in Chilton County by participating
in the Alabama Forestry Commission's fire protection program in the manner hereinafter specified.
(b)(1) After the Chilton County Commission has determined that such a need does exist in Chilton
County, the county commission may, in the manner hereinafter specified, provide for a financial
charge or tax to be paid by the owners of forest lands located in Chilton County for the use
of the land for timber growing purposes amounting to the whole or any part of the cost of
such fire protection program, but not in excess of ten cents ($.10) per acre, provided such
financial charge or tax is not greater than the benefit accruing to such forest lands due
to the availability of such fire protection. (2) "Forest lands" as used in this
section, shall mean any land which supports a forest growth, or...
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9-10B-25
Section 9-10B-25 Considerations when designating capacity stress areas; authority of local
organizations to implement proposed actions. During the designation of a capacity stress area,
the commission shall give due consideration to any hydrologic boundaries or other geographical
considerations in designating an area of the state as a capacity stress area. In addition,
the commission shall determine whether any local organization, including, but not limited
to, watershed management authorities, conservancy districts, or soil and water conservation
districts, are duly organized and authorized to implement the proposed actions in a capacity
stress area other than those actions delegated to the Alabama Department of Environmental
Management pursuant to Section 9-10B-23. In the absence of local organizations or in the event
any such local organizations do not have the authority or are not authorized to take the action
proposed within the capacity stress area, the Office of Water Resources...
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11-101A-2
Section 11-101A-2 Definitions. As used in this chapter, the following terms shall have the
following meanings, respectively, unless the context clearly indicates otherwise: (1) APPLICANT.
A natural person who files a written application with the governing body of a county or municipality,
or two or more thereof, in accordance with Section 11-101A-3. (2) AUTHORITY. A public corporation
organized pursuant to this chapter. (3) AUTHORIZING RESOLUTION. A resolution adopted by the
governing body of an authorizing subdivision in accordance with Section 11-101A-3, that authorizes
the incorporation of an authority under this chapter. (4) AUTHORIZING SUBDIVISION. Each county
and municipality with the governing body of which an application for the incorporation of
an authority under this chapter is filed. (5) BOARD. The board of directors of an authority.
(6) BONDS. Any bonds authorized to be issued by an authority hereunder, including refunding
bonds. (7) CODE. The Code of Alabama 1975. (8)...
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11-3-11.3
Section 11-3-11.3 Collection of local taxes - Department of Revenue. (a) Counties may, upon
request of the county commission, engage the Department of Revenue to collect and administer
any county sales, use, rental, lodgings, tobacco, or other local taxes for which there is
a corresponding state levy. Subject to subsections (d) and (e) below, the department shall
collect and administer a county sales, use, rental, lodgings, tobacco, or other tax for which
there is a corresponding state levy on behalf of the requesting county. Any county sales,
use, rental, or lodgings tax levy administered and collected by the Department of Revenue
pursuant to this section, whether the levy is imposed pursuant to the authority of Section
40-12-4, or any general, special, or local act of the Legislature, shall parallel the corresponding
state tax levy, except for the rate of tax, and shall be subject to all definitions, exceptions,
exemptions, proceedings, requirements, provisions, rules, regulations,...
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33-6-10
Section 33-6-10 Enforcement of chapter, rules, etc.; prosecutions under chapter; violations
and penalties. (a) This chapter and rules and orders adopted under this chapter shall be enforced
by the State Board of Health and the State Department of Conservation and Natural Resources
according to rules adopted by the board and department. (b) Any person may complain under
oath to a magistrate, district attorney, or grand jury concerning a violation of this chapter
or of a rule adopted under this chapter and if a warrant is issued by the magistrate or district
attorney, or indictment returned by a grand jury, the charge shall be tried in court to which
the warrant is returnable, and the warrant may be made returnable to a district court or to
the circuit court and the courts shall have original and concurrent jurisdiction of the offense,
or if an indictment is returned, the circuit court shall have jurisdiction of the offense.
Convicted persons may appeal as now provided by law. Whether...
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34-11-35.1
Section 34-11-35.1 Legislative findings; rulemaking authority. (a) In addition to the powers
provided to the board by Section 34-11-35, the Legislature finds and declares all of the following:
(1) The power to adopt rules regulating the practice of engineering and land surveying in
the state includes the power to prohibit unlicensed persons from practicing engineering or
land surveying and the power to regulate how licensed persons practice. (2) The primary goal
of the provision of engineering and land surveying in the state is to prioritize health, life,
safety, welfare, and property. (3) The board is in the best position to determine the engineering
and land surveying practices that prioritize health, life, safety, welfare, and property.
(4) Prioritizing health, life, safety, welfare, and property may sometimes be at odds with
the goals of state and federal antitrust laws which include prioritizing competition and efficiency.
(5) It is the intent of the Legislature, by passage of...
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